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U.S. v. LIVINGSTON

Crim.A. No. 02-41-JJF. Civ.A. No. 04-1375-JJF.

425 F.Supp.2d 554 (2006)

UNITED STATES of America, Plaintiff, v. Fabian LIVINGSTON, Defendant.

United States District Court, D. Delaware.

April 4, 2006.

Attorney(s) appearing for the Case

Colm F. Connolly, United States Attorney, April M. Byrd, Assistant United States Attorney, United States Department of Justice, Wilmington, DE, for Plaintiff.

Penny Marshall, Office of Federal Public Defender, Wilmington, DE, for Defendant.

OPINION

FARNAN, District Judge.

Presently before the Court is a Motion To Vacate, Set Aside Or Reverse Conviction, Or Absent Reversal Of Conviction, To Vacate, Set Aside, Or Correct Sentence Pursuant To 28 U.S.C. § 2255 (D.I. 47). For the reasons discussed Defendant's Section 2255 Motion will be granted. Defendant's conviction will be vacated, new counsel will be appointed to represent Defendant, and a new trial will be ordered.

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